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(영문) 수원지방법원 안양지원 2016.01.21 2015고단1720
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 10, 2010, the Defendant was issued a summary order of KRW 3 million with a fine of KRW 3 million due to a violation of the Road Traffic Act (drinking driving), and a summary order of KRW 3 million with a fine of KRW 3 million at the Ulsan District Court on June 3, 2015, respectively.

1. On October 1, 2015, the Defendant: (a) violated the Road Traffic Act (drinking driving) and violated the Road Traffic Act (Dless driving) driving a BP vehicle under the influence of alcohol level of 0.165% while under the influence of alcohol level of 0.165%, without obtaining a driver’s license, on the front roads located in D in C, Dong-gu, Mangn-gu, Snyang-si, Mangn-si, Snyang-si, Manyang-si, Mayang-si, and C.

2. On October 1, 2015, the Defendant issued a motor vehicle driver’s license for the Defendant’s relative G in his/her name under the name of the Seoul National Police Agency, which is an official document in his/her possession, for the purpose of identifying his/her status on the front of the D road, such as the preceding paragraph of the preceding paragraph at around 03:45, and thus, it was discovered that the Defendant was the Defendant’s driver’s license.

Accordingly, the defendant did not use official documents.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Report on the circumstances of drivers of drinking alcohol and notification of the results of regulating drinking driving (G);

1. A report on investigation;

1. The driver's license ledger (A);

1. List of seizure records;

1. Previous convictions in judgment: Application of an inquiry letter, investigation report (the same kind of force) and other relevant Acts and subordinate statutes;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving without a license) and Article 230 of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62(1) of the Criminal Act (The following circumstances are considered in favor of the reasons for sentencing).

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